TERMS OF SERVICE
Agreement Governing this Site
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THESE TERMS OF SERVICE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF SERVICE, DO NOT USE THIS WEBSITE.
Effective Date: These Terms of Service were last updated on January 10, 2013.
The following are the Terms of Service for access to our website and all linked pages (“the Site”) and the use of this blogging service. By registering with or visiting TweakYourBiz, you agree to accept these Terms of Service.
You hereby acknowledge and agree that:
- The Site may only be used for lawful purposes.
- You will comply with the restrictions on content of posted messages and activities using the Site as set forth in these Terms of Service.
2. The Site
The Site is provided subject to these Terms of Service and any guidelines, rules or operating policies that may be established and posted from time to time, including without limitation our Privacy Statement. These Terms of Service may modified, revised or discontinued (in whole or in part) in our sole discretion by posting updated versions on the Site, or otherwise providing notice to you. The Site is not available to children under the age of 18. If you do not qualify, you are not permitted to use this Site.
3. Contributor (Blogger) Registration
Using the Site as a registered contributor (blogger) is subject to our approval of your registration application and your continued compliance with the Terms of Service. In order to apply for registration, you have to complete our application form, submit tentative posts if requested, and check the "I ACCEPT" box to agree to the Terms of Service. Upon reviewing the application, we will respond via email, accepting or declining your application. This Agreement will commence on the date you receive an email from us confirming that you are a registered contributor.
By registering with the Site as a contributor, you represent that you are at least 18 years of age and that the information which you provide about yourself is true, accurate, current and complete, and you agree to all of the following: (a) that you will participate through responsible blogging on one or more sites as requested by us; (b) that you will not appoint an agent for application or article writing purposes; (c) that you will not hold multiple registrations on TweakYourBiz unless expressly authorized in writing by us (including by email); and (d) that we may use your name to refer to you within the website and other marketing material such as presentations.
We reserve the right to refuse registration to any individual at any time in our sole discretion and without paying any compensation.
4. Submission and Publication of Contributors’ Articles (Posts)
As a registered contributor on the Site, you agree to comply with the specifications provided by us from time to time to enable proper display, publication of your posts. All submissions must be your original content, ideally with a minimum of 350 words.
While you retain the right to publish your submissions in any media at your own discretion, it is expected that you will allow for a period of two weeks between the submission being posted on TweakYourBiz for the first time and the submission being displayed or published elsewhere.
We reserve the right to edit your posts in their entirety and may also, from time to time, request you to rewrite your posts for them to be published. Not all the posts you submit will be published on TweakYourBiz.com. Publication will depend on a variety of factors, including but not limited to, our editorial preferences, relevance, originality and readers’ requests. Reasonable efforts will be made by us to keep you up to date on the topics or characteristics of the posts that are prone to publication.
If you include any hyperlinks in any post, you are responsible to make sure that the links are to reputable websites with appropriate communications, in keeping with these Terms of Service.
We do not pay contributors for their posts.
5. Contributor Responsibilities
As a contributor, you are responsible for your blog posts, online activities on the Site and adherence to the terms of this Agreement. We reserve the right to investigate, in our sole discretion, any activity that may violate this Agreement. We are not responsible for any consequences arising from publishing your post or for your online activity.
6. Prohibited Content and User Conduct
We prohibit the use of the Site to post any information or send any messages that, in our sole discretion, we determine may do any of the following:
- Advertise or solicit any user to buy or sell any products or services. It is also a violation of these rules to use any information obtained from the Site in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent.
- Be considered unwanted email ("spam").
- Introduce viruses, worms, harmful code and/or Trojan horses on the Internet.
- Link to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content.
- Obtain password, account or private information from any user of the Site.
- Display, market or link to any content, services or products relating to: pornography or illicitly pornographic sexual products; escort services; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; or instructions on how to assemble or otherwise make bombs, grenades or other weapons.
- Exploit, display, market or link to material that exploits children under 18 years of age.
- Display, market or link to material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, excessively violent or otherwise objectionable content.
- Disclose any personally identifying information or private information about children under 18 years of age without the consent of their parent/legal guardian.
- Engage in any libelous, defamatory, scandalous, threatening or harassing activity.
- Engage in any activity which reflects poorly on the reputation or goodwill of TweakYourBiz, its owners, operators, associates, contractors or advertisers.
- Advocate, promote or otherwise encourage violence against any governments, organizations, groups or individuals or provide instruction, information or assistance to further the carrying out such violence.
- Violate any laws (including but not limited to intellectual property laws).
With the exception of accessing RSS feeds, you agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not do any of the following: (a) take any action that may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (b) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (c) bypass any measures we may use to prevent or restrict access to the Site.
You will not attempt to impersonate another user or person.
You will not sell or otherwise transfer your profile.
We reserve the right to suspend, terminate or otherwise disable your access to the Site, immediately and without giving any notice to you and without paying an compensation to you, at any time, for no reason or for any reason whatsoever, including but not limited to, if we believe in our sole discretion that you have violated any of the policies listed above or elsewhere in these Terms of Service.
7. Username and Password; Identity
You are responsible for maintaining the security of your account, identity, passwords and files. We will accept the instructions of any individual who claims to be authorized to direct changes to your account so long as such person presents your username and password online, by email or by telephone. We have no knowledge of your personal relationships (if you registered on the Site as a person) or your organizational structure (if you registered as an entity). We are not responsible for the actions of any individuals who misuse or misappropriate your contact lists, identity or other assets using your username and password.
8. Intellectual Property Rights in User Content
By uploading, submitting or otherwise disclosing or distributing content for display or inclusion on the Site, you agree to all of the following: (a) that your submissions are not confidential; (b) that you own all rights in the content; (c) that your submissions do not infringe, misappropriate or violate the intellectual property rights of any other person; and (d) that you are granting TweakYourBiz (and its assignees) a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer, and sell your submissions to the Site (in whole or part) worldwide and/or to incorporate your submissions in other works in any form, media, or technology whether now known or later developed.
This Site may contain hyperlinks to non-TweakYourBiz websites. These links are provided to you as a convenience, and we are not responsible for the content or availability of any linked website. Any non-TweakYourBiz website accessed from the Site is independent from TweakYourBiz, and we have no control over the content of that website. We are not responsible or liable for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
10. No Implied Endorsements
In no event shall any link or other reference to any third party or third party content, product or service be construed as an approval or endorsement by TweakYourBiz of that third party or of any content, product or service provided by a third party.
11. Compliance with Laws; Monitoring
You shall use the Site only in compliance with these Terms of Service, the U.S. CAN-SPAM Act of 2003 and all other applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, defamation and child protective email address registries). Although we have no obligation to monitor the content provided by you or your use of the Site, we may do so and may block any email messages, remove any content or prohibit any use of the Site that we believe may be in violation of the foregoing.
You hereby agree to defend, indemnify and hold harmless TweakYourBiz and its owners, business partners, third-party suppliers and providers, assignees, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that: (a) arises from any alleged breach of these Terms of Service; (b) arises from any content or messages you post or distribute using the Site; or (c) otherwise arises from or relates to your use of the Site. In addition, you acknowledge and agree that we have the right to seek damages when you use the Site for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with these Terms of Service, and that such damages may include, without limitation, direct, indirect, special, incidental and consequential damages.
13. Warranty Disclaimer
USE OF THE SITE AND ANY RELIANCE BY YOU UPON THE SITE IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE. THE SITE IS PROVIDED "AS IS" AND WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL TWEAKYOURBIZ, ITS OWNERS OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "TWEAKYOURBIZ") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, EVEN IF TWEAKYOURBIZ SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, TWEAKYOURBIZ IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, THE MAXIMUM AGGREGATE LIABILITY OF TWEAKYOURBIZ TO YOU ARISING IN CONNECTION WITH THESE TERMS OF SERVICE SHALL BE LIMITED TO $100. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
15. Notice and Take Down Procedures; Copyright Agent
We respect the intellectual property rights of others. Pursuant to 17 USC § 512 as amended by Title II of the Digital Millennium Copyright Act (the “DMCA”), the Site has instituted procedures to receive written notification of claimed infringements and to process such claims in accordance with the DMCA. If you believe your copyrights are being infringed, you may file a notification of such infringement with the following Designated Agent:
3593 Medina Rd. #160
Medina, OH 44256
To be effective, your notification of claimed infringement must be in writing, provided to the Designated Agent and include substantially the following information:
- Identification of the copyrighted work you claim to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at that Site.
- Identification of the material that you claim to be infringing and information reasonably sufficient to permit us to locate the material, such as its URL.
- Your name, address, telephone number, and if available, email address.
- A statement that you have a good faith belief that the complained of use of the material is not authorized by the copyright owner, its agent or the law.
- A statement that the information that you have supplied in the notification is accurate, and indicating under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.
- A physical or electronic signature of the copyright owner or authorized representative.
Any notification of a claimed infringement that fails to substantially comply with the above provisions will not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.
Please file a notice of infringement each time you wish to report alleged acts of infringement.
Please note that we will terminate, in appropriate circumstances, the account of any user who repeatedly posts infringing material on the Site.
Please also note that the information provided in your notification, including any personal information contained therein, may be forwarded to the person who has provided the allegedly infringing content, and sending us such notification constitutes your consent to share this information with the alleged infringer.
Please also note that if you make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorneys' fees, incurred by us, the alleged infringer, the copyright owner or any authorized licensee of the copyright owner as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records.
16. Trademark Information
“TweakYourBiz,” the TweakYourBiz logo, voting buttons, widgets and other visual elements relating to TweakYourBiz appearing in this Site are trademarks of Bloggertone LLC in the U.S. and/or other countries.
17.1 If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect.
17.2 These Terms of Service are the complete and exclusive statement of the mutual understanding of the parties. They supersede and cancel all previous written and oral agreements, communications, and other understandings relating to the subject matter covered herein. All waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under these Terms of Service or existing at law or equity shall be considered a waiver of such right or remedy.
17.3 No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service, and you do not have any authority of any kind to bind TweakYourBiz in any respect whatsoever.
17.4 In any action or proceeding to enforce rights under these Terms of Service, the prevailing party will be entitled to recover its costs and attorneys' fees.
17.5 These Terms of Service shall be governed by the laws of the State of Ohio, USA, without regard to choice or law or conflict of laws provisions. All legal actions in connection with these Terms of Service shall be brought in the state or federal courts located in Medina, Ohio.
18. Information about Us
Bloggertone LLC, a limited liability company registered with the State of Ohio, USA, owns and operates the TweakYourBiz website. You may contact us directly if you have any questions regarding the content and material on the Site or if you have any questions about our Terms of Service. Please contact us by email at firstname.lastname@example.org or contact us at:
ATTN: Anita Campbell
3593 Medina Rd. #160
Medina, OH 44256
Updated: January 10, 2013